(c) crown copyright
Catalogue Reference:CAB/24/110
Image Reference:0001
This Document is t h e Piopfcrty of 2 7
ijio o . ; ' , . , .r. M'.:; oly c) Government.
v
;
0
Restoration of Order in Ireland Bill.
ti
ON!
H A L
"
"
"
"
-
MEMORANDUM.
The general scheme of this Bill is that it authorises His
Majesty in Council to issue regulations "for securing the restora­
tion and maintenance of order in Ireland,"
Under this power regulations can be made covering a very
wide field, similar to the field covered by the regulations made
under the Defence of the Realm Act, whose scope was defined
as regulations "for securing the public safety and the defence of
the realm"
The regulations made under the present Bill will
operate under the Defence of the Realm Consolidation Act, 1914,
and may be made so as to apply generally to the whole of Ireland
or to any part thereof, and indefinitely in point of time.
Express power is given to make regulations for particular
purposes included in the above general purpose, the particular
purposes being those to effect which immediate action is
desired.
Purpose 1.—Subsection (2). To enable persons committing
crimes in Ireland to be tried and dealt with in the same way
as persons committing offences against the Defence of the
Realm Regulations. i.e., by courts - martial or courts of
summary jurisdiction. Two qualifications are attached to this,
power:
(a) The crime is to be punishable by the same punish^
ment as may be inflicted under the ordinary law: thus
treason and murder would be punishable with death.
Offences
against the regulations at present are punishable by penal
servitude or any lesser punishment, and it is at the discretion
of the court-martial to determine the degree of punishment. A
court-martial cannot at present inflict the punishment of death
unless it is proved that the offence was committed with the
intention of assisting the enemy. / .
(6) The court-martial when trying a capital charge is to
include as a member of the court one person (who may but need
not be a civilian) of legal knowledge and experience.
Purpose 2.-Subsection (3) (a).. To provide that courts of
summary jurisdiction outside the Dublin metropolitan police
district when trying ordinary crimes or offences against the
221-2
a
( 2 )
v
' ^
'
regulations, and courts of quarter sessions when hearing appeals,
are to he specially constituted, i,e., are to consist respectively of
two or more resident magistrates or the county court judge sitting
without any unpaid magistrates.
Purpose 3.-Subsection (3) (6). To give the courts-martial
powers which justices possess for requiring persons to enter into
recognisances to keep the peace or he of good behaviour, and to
estreat and enforce these recognisances; also powers of compelling
witnesses to attend and give evidence. These additional powers
have been asked for by Sir Nevil Macready.
Purpose 4t.—Subsection (3) (c). To transfer to military courts
of inquiry the powers of coroners and coroners' juries. This
power has been asked for by the Irish Government.
Purpose 5.—Subsection (3) (c). To enable provision to be
made for the holding of civil courts when the court houses have
been d e s t r o y e d - a not uncommon occurrence.
Under the
existing law the courts must be held in some cases in a
particular court house or within a particular area, and these
requirements cannot always be fulfilled in present circumstances.
Purpose 5.—Subsection (3) id).
To enable recalcitrant
local authorities to be dealt with by withholding public grants
which otherwise would be payable to the authorities, and for
the application of the same in discharge of the local authority^
liabilities; i.e., this would enable provision to be made for the
payment thereout of compensation awards or of salaries and
pensions of officers of the local authority, if so desired.
There is a precedent for discharging liabilities of local
authorities out of public grants payable to them, viz., section 80
(2) of the Local Government (Ireland) Act, 1898, under which
debts due to the Crown or any Government department may be
deducted from any payments to a local authority out of the
Local Taxation (Ireland) Account. Public grants forming part
of the Guarantee P u n d under the Land Purchase Acts can also
be diverted from the local authorities in order to meet liabilities
arising under those Acts,
Subsection (6), This subsection defines " crime " as meaning,
in effect, any offence against the ordinary law. A distinction is
drawn by the Bill between crimes (i.e., the crimes under the
ordinary law) and offences under the regulations, whether
existing defence of the realm regulations or regulations made
under the Bill,
With respect to crimes the Bill effects two objects: it makes
them cognisable by courts-martial and preserves the existing
scales of punishment.
On the other hand, offences under the regulations are with­
out special provision triable by court-martial and subject to the
penalties fixed by the Defence of the Realm Acts, i.e., penal
servitude for life, or, if dealt with summarily, imprisonment for
six months or a fine of 100L, or both.
[10 & 11 GEO. 5.]
Restoration
of Order m
Ireland.
DRAFT
OF A
B
I
L
L
TO
Make provision for the Restoration and Maintenance of A.D. 1920.
Order in Ireland.:
B
E it enacted by the King's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:—
5
1 . - (1) Where it appears to His Majesty in Council that, Regulations
owing to the existence of a state of disorder in Ireland, the restoration
ordinary law is inadequate for the prevention and punishment and main­
of crime or the. maintenance of order, His Majesty in Council
.
t e n a n c
'
10
15
20
25
e
of
order i n
may issue regulations under the Defence of the Realm Con- Ireland.
solidation Act, 1914, (hereinafter referred to as the principal
Act) for securing the restoration and maintenance of order in
Ireland, and as to the powers and duties for that purpose of
the Lord Lieutenant, the Chief Secretary, and of members of
His Majesty's forces and other persons acting on His Majesty's
behalf, and in particular regulations for the special purposes
hereinafter mentioned.
.'*.-?
(2) Regulations as so issued may extend the provisions of
the principal Act with respect to the trial by courts-martial or
courts of summary jurisdiction and punishment of persons
committing offences against the Defence of the Realm Regulations,
to the trial and punishment of persons committing crimes in
Ireland, whether before or after t h e ' passing of this Act,,
including persons committed for trial or against whom bills of
indictment have been, found,-so, however,: as to provide that—
(a) any crime when so tried shall be punishable
with the punishment assigned to the crime by statute or
common law;
221-2
\
Restoration of Order in Ireland.
[10 & 11 GEO. 5,]
-(b) a court-martial when trying a person charged
with a crime -puriishable by death shall include as a
member of the court one person (who need not be an
officer) nominated by the Lord Lieutenant, being a person
certified by the Lord Chancellor of Ireland or the Lord 5
Chief Justice of England to be a person of legal knowledge
and experience.
(3) Regulations so issued may a l s o ­
(a) provide that a court of summary jurisdiction,
when trying a person charged with a crime or with an 10
offence against the regulations, shall, except in the Dublin
metropolitan police district, be constituted of two or more
resident magistrates, and that a court of quarter sessions,
when hearing and determining an appeal against a con­
viction of a court of summary jurisdiction for any such 15
crime or offence, shall be constituted of the recorder or
county court judge sitting alone;
(J) confer on a court martial the powers and
jurisdiction eserciseable by justices at petty sessions or
any other civil court for binding ' persons to keep the 20
peace or be of good behaviour, for estreating and enforcing
recognisances, and for compelling persons to attend as
witnesses, to give evidence and to produce documents
before the court;
(c) provide for any of the duties of a coroner and 25
coroner's jury being performed by a court of inquiry
constituted under the Army Act instead of by the coroner
and j u r y ;
(d) provide that where the court house or other
building in which any civil court is usually held has 30
been destroyed or rendered unfit for the purpose, the
court may be held in such other court house or building
as may be directed by the Lord Lieutenant;
(e) in the case of a local authority which has in any
respect refused or failed to perform its duties, provide 35
for the retention of sums payable to the authority from
the Local Taxation (Ireland) Account, or from any
Parliamentary grant, or from any fund administered by
any Government department or public body, and for the
application of funds so retained in or towards the discharge 40
of compensation awarded against the local authority for
criminal injuries, or other liabilities of the local authority.
[10 & 11 GEO. BJ
Restoration
of Order in Ireland.
3
(4) Any such regulations may be issued at any time, whether A.D. 1920.
before or after the termination of the present war, and may apply
either generally to the whole of Ireland or to any part thereof,
and shall have effect as if enacted in this Act, and may include
5 such adaptations of any enactment and such incidental, supple­
mental, and consequential provisions as may be necessary for
carrying out all or any of the purposes of this Act.
10
(5) I n this Act, unless the context otherwise requires—
The expression " c r i m e " means any treason, treason
felony, felony, misdemeanor, or other offence
punishable, whether on indictment or on summary
conviction, by imprisonment or by any greater
punishment other than offences against the Defence
of the Realm Regulations.
15
2.
This Act may be cited as the Restoration of Order in Short title.
Ireland Act, 1920.
Restoration of Order
in Ireland.
D R A F T
OF A
B
I
L
L
To m a k e provision for t h e R e s t o r a t i o n
and
m a i n t e n a n c e of
Order
in
Ireland.
exciv.
(2.)
SOth July 3 920.
221-2